3. Spanish Court also stated that the court in American National Bank v. Powell, 293 Ill. App. It has long been established that any act of a landlord which affirms the existence of a lease and recognizes a tenant as his lessee after the landlord has knowledge of a breach of lease results in the landlord's waiving his right to forfeiture of the lease. Midland Mgmt. The court first recognized that claims which are germane to the issue of possession generally fall into one of the following four categories: Claims asserting a paramount right of possession; Claims denying the breach of any agreement vesting possession in plaintiff; Claims questioning the validity or enforceability of the document upon which plaintiff's right to possession is based; and. a. Equitable Defenses: Everything You Need to Know - UpCounsel Dominick, 154 Ill. App. 354. 10. On September 1, 2011, defendant was moved to the CHA property at 846 North Cambridge Avenue. Defense of Set-Off Applies One such affirmative defense is the Statute of Limitations. Defense In these cases, it is often possible to challenge the owners decision to raise the rent to the market rate. Oops! Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. In the federally-subsidized housing context, is a local ordinances cure provision preempted by federal one-strike statutes (which are discussed in more detail below in the sections addressing the public housing and Section 8 programs)? Indeed, this specificity requirement is set forth explicitly in the regulations governing these programs: Public HousingThe notice of lease termination to the tenant shall state specific grounds for termination. 24 C.F.R. 982.310(e)(1)(i) and 983.257(a). Code, 3306) 357. Pole Realty, 84 Ill. 2d at 183 (while on superficial examination there may seem to be some conceptual inconsistency between a tenant's remaining in possession and at the same time claiming a breach of a warranty of habitability, it is evident that the simple fact that a house can be inhabited does not necessarily mean that the warranty of habitability has been satisfied.).
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